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How did the offender manipulate the audience (i.e.: fellow soldiers, chain of command, law enforcement, jury panel). “Nice is a behavior choice, not a character trait.” An offender knows that being “nice” makes it hard for people to believe he is a rapist.

–“nice” is not a character trait: therefore it cannot be subject of character testimony – but often is; argue for expert on offender behavior to rebut claim that MRE 404 allows character testimony about 11 Mc Whorter, et. al, “Reports of Rape Reperpetration by Newly Enlisted Male Navy Personnel”, Naval Health

Research Center Report No. 07-16 (2009);

–popularity with women (“I wouldn’t need to rape”) – see Motivation, supra

–general kindness, willingness to help people – is this “societal grooming” to prepare for the day
he is caught?

–show each “nice” act advanced the crime: nice to victim, nice to others in the bar, nice to
bartenders (creating witnesses), even to police investigating

–argue that “nice” hides true character, which is manipulative, predatory, improperly motivated

E. Pretext phone call (or e-mail or text) from victim to offender; be sensitive to emotional cost to victim;
the offender may acknowledge victim’s incapacity, may apologize; plan carefully: what will call accomplish?

Closing Arguments Examples: Kick-Ass Closing Arguments Part 1: Closing Argument Template

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